BPM019497 - Mediation Services IFB_DGS OSP FINAL 9.8.2020A.pdf

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL

SERVICES (DPSCS)

INVITATION FOR BIDS (IFB)

MEDIATION SERVICES

IFB NUMBER BPM019497

ISSUE DATE: 09/20/2020

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Mediation Services

Solicitation #: BPM019497 IFB Document

IFB for Department of Public Safety and Correctional

Services Page ii of 70

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key

Information Summary Sheet below for contact information).

Title: Mediation Services

Solicitation No: BPM019497

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

The scope of work is beyond our present capacity

Doing business with the State is simply too complicated. (Explain in REMARKS section)

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Bid is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Bid requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

Services Page iii of 70

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL

SERVICES (DPSCS)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services - Mediation Services

Solicitation Number: BPM019497

IFB Issue Date: 09/20/2020

IFB Issuing Office: Department of Public Safety and Correctional Services (DPSCS or the "Department")

Procurement Officer: Daniel A. Coleman, J.D.

300 East Joppa Road Suite 1000

Towson, MD 21286 e-mail:

Office Phone:

daniel.coleman1@maryland.gov

410-339-5014

Bids are to be sent to: Bids must be submitted electronically using eMaryland Marketplace Advantage (eMMA) https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-

Solicitations-IFB-v3.pdf

Pre-Bid Virtual Conference: October 6, 2020, at 10:00 AM to 12:00 Noon, Local Time

Will be conducted via Video Conference and/or Telephone

Conferencing

Join with Google Meet meet.google.com/pbn-ndky-uok

Join by phone

5488-560-(US) +1 651 PIN: 115 991133 #

See Attachment A for instructions.

Questions Due Date and Time October 17, 2020, by 2:00 PM Local Time

Bid Due (Closing) Date and

Time:

October 28, 2020, by 2:00 PM, Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Bid Opening Date, Time and

Location

Bid results will be published on eMMA within 24 hours of bid due date

MBE Subcontracting Goal: 0% https://meet.google.com/pbn-ndky-uok?authuser=0&hs=122 tel:+1-651-560-5488

Services Page iv of 70

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite Quantity Contract with Firm Fixed Unit Prices

Contract Duration: A base period of Two (2) Years with One (1), One Year Renewal

Option

Primary Place of

Performance:

Statewide

SBR Designation: No

Federal Funding: No

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall:

A. Have a minimum of three (3) complete and consecutive years, within the last ten (10) years, of successful Mediation Services performance comparable in scope, type, size, magnitude, and complexity as required in this IFB.

1.1.2 Required Documentation

A. The Bidder shall submit online, with the bid response a minimum of three (3) references of companies or organizations for which the bidder provided services in scope, type, size, magnitude and complexity comparable to those specified in the Scope of Work with the bid submittal. Each reference shall be from a client for whom the Bidder has provided services within the past ten (10) consecutive years and shall include the following information:

a) Name and complete address of business or company,

b) Name of the contact person, email address, and current phone number,

c) Term and length of each contract,

d) Size and type of facility (square footage),

e) Type of services provided,

f) Names of supervisory personnel who performed under the contract, specifying the length and type of experience of each such personnel, and

g) Contract value.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Public Safety and Correctional Services (“DPSCS” or the "Department") is issuing this

Invitation for Bids (IFB) in order to procure the services defined in this §2, as specified in this IFB, from a contract between the successful bidder(s) and the Department. The State seeks to obtain Mediation

Services to assist the incarcerated offender who is in need of mediation and re-unification services in the resolution of family, friend, and inter-personal disputes.

2.1.2 The Department intends to make multiple awards, up to a maximum of five (5) awards for the work under this IFB, on a statewide basis. See IFB §4.9 Award Basis for more Contract award information.

2.1.3 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. The

Department intends to award a maximium up to five contracts. The selected Contractors will be placed on a mediation service list by their evaluated ranking. Their rank on the service list will be determined by the rank of the Contractor’s total evaluated price. Contracts will be awarded on total evaluated price and ranked accordingly. The first-ranked Contractor shall have the right of first refusal on each service request, then the Department will proceed to the next ranked Contractor, and so on. Each Contractor will have 48 hours to respond to a service request before the request is revoked and a request made to the next subsequent Contractor on the service list. Service requests and revocations of service requests will be communicated by the Contract Monitor via email to the Contractor. The Department reserves the right to make only one award if it is determined to be in the best interest of the Department.

2.1.4 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.5 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

The State is issuing this solicitation for the purposes of obtaining Mediation Services to assist the incarcerated offender who is in need of mediation and re-unification services in the resolution of family, friend, and inter-personal disputes. Services will focus on the following areas:

A. Resolution of familial conflicts, to include but not be limited to: Family reunification with or without cohabitation upon release, and child custody or visitation;

B. Resolution of financial obligations, to include: Child support, alimony, and other debts;

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C. Resolution of marital or intimate partner conflicts, to include: Reunification, separation, and divorce;

and, D. Resolution of non-familial conflicts, to include: Home plan sponsor, workplace disputes that will result in re-employment, and financial obligations.

2.3 Program Criteria

2.3.1 Inmate Eligibility

DPSCS will identify eligible inmates for voluntary mediation services. Eligible inmates will include inmates within 12 months of release and those who have a demonstrated need in the area of familial and, in certain situations, non-familial relationships. Such challenges and barriers are likely to affect successful reentry. Eligible inmates may decline to participate.

2.3.2 Program Goals and Objectives

The purpose of mediation is to establish communication for supportive relationships to help decrease the likelihood of recidivism. Recidivism occurs for various reasons; however, when looking at risk and need, a former inmate’s needs must be met in order to reduce the likelihood of the individual committing future crimes. Supportive familial relationships and positive peer relationships help reduce the cycle of incarceration. Due to the nature of mediation services, program goals and outcomes will include:

Reducing obstacles to communication between participants;

Identifying and addressing the needs of all participants;

Maximizing the discovery of alternatives and come to a resolution that will positively affect the reentry of the inmate; and, Establishing resolution agreements in every case.

2.3.3 Performance Measurement and Outcomes

The Summative Evaluation method will be utilized by DPSCS through gathering information on the following areas:

A. Patterns of referrals, to include: Referral Forms, intake requests for mediation services, Post-

Mediation Report Forms completed by mediators, an interviews with referral sources.

Patterns of program use, to include: Contact logs (staff and inmates), demographic information gathered on intake forms, the number of community participants who agreed to mediation with the inmate, the number of Mediation Sessions conducted per participant, and the number of initial mediation sessions conducted.

Program efficiency, to include: Pre- or post-mediation questionnaires (based on post-mediation reports), the number of cases reaching a resolution, and the number of cases reaching a resolution that results in a written agreement

Program participants’ experiences, to include an evaluation of services completed by each community participant.

B. On a monthly basis, DPSCS will require the successful contractor to provide the number of mediations conducted and provide confirmation of a resolution in the following areas:

Resolution of familial conflicts, to include: Family reunification without cohabitation upon release, family reunification with cohabitation upon release, child custody and/or visitation, and resolution related to financial obligations (such as child support, alimony, other debts).

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Resolution of marital or intimate partner conflicts, to include: Reunification, separation, and divorce.

Resolution of non-familial conflicts, to include: Home plan sponsor, workplace disputes which result in re-employment, and resolution related to financial obligations.

Unresolved mediations and justification for unresolved outcomes.

The Contractor shall provide statistical data of the inmates’ attendance, completion and/or outcomes as a result of participation in mediation services including, but not limited to, monthly reports of the data and information noted in

§2.3.2. and §2.3.3, as well as, follow-up data and information for a period of six (6) months post-release.

2.4 Contractor Responsibilities

2.4.1 Mediation Counselors Minimum Qualifications: The Contractor will ensure Mediation Counselors are registered as a current mediator for a Maryland court, or meet the following eligibility requirements for a court mediator under Maryland Rule 17-104:

be at least 21 years old, have a college degree, and have completed an approved 40 hour basic mediation training program.

For purposes of this IFB, any 40 hour basic training approved by the Maryland Judiciary is acceptable.

2.4.2 Mediation counselors shall track services provided to the inmate during the mediation process on an hourly basis and provide report of all services rendered at the completion of the mediation process. Each report shall consist of the following and shall be sent to the Contract Monitor upon completion of each service:

Date of Service

Inmate Name and DOC Number

List of Attendees

Location of Service

Start and End Time

Minutes of the Meeting

Overall summarization

2.4.3 Services are to be provided on a statewide basis. The Department projects at least 100 inmates to be eligible for mediation services in 2021. According to the mediation utilization reports to date, significant utilization of mediation services has occurred in the Baltimore – Jessup area, several mediations occurred in the Eastern Region of the State, and there have been no utilization of mediation services to date in the

Western Region of the State. Notwithstanding these statistics, the Contractor should plan and anticipate providing mediation services on a statewide basis within the following regions:.

Western Region: Cumberland and Hagerstown: North Branch Correctional (NBCI), Western

Correctional Institution (WCI), Maryland Correctional Institution-Hagerstown (MCI-H), Maryland

Correctional Training Center (MCTC), and Roxbury Correction Institution (RCI);

Anne Arundel County/Jessup Region: Maryland Correctional Institution for Women (MCIW), Baltimore Correctional Facility (BCF), Dorsey Run Correctional Facility (DRCF), Maryland

Correctional Institution – Jessup (MCIJ), and Jessup Correctional Institution (JCI);

Baltimore City Region: Baltimore City Correctional Center (BCCC); and

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Eastern Region: Eastern Correctional Institution (ECI), Eastern Pre-Release Unit (EPRU) and

Maryland Pre-Release Unit (SMPRU).

2.4.4 The Contractor shall provide all personal identification information needed to conduct a complete DPSCS background check of all staff responsible for providing mediation services on behalf of the successful vendor.

2.4.5 The Contractor and anyone acting on behalf of the Contractor will be subject to the DPSCS entrance policy, personal conduct and appearance policies. The policy requires that the Contractor and their staff must complete 40 hours of security training prior to entering any correctional facility. Due to the COVID-

19 pandemic, the 40 hour training has been reduced to 24 hours of online training. The State will give the

Contractor two-weeks’ notice prior to the reinstitution of the in-person 40 hour security training requirement as a prerequisite to Contractor and their staff entering the facilities.

2.4.6 The Contractor shall designate a point of contact for this agreement. Any revisions or issues are to be provided in writing to the designated DPSCS Contract Monitor within two (2) weeks of any changes that will affect services or this agreement.

2.4.7 The Contractor shall comply with the requirements in this agreement and all DPSCS policies to ensure the safety and security of daily operations.

2.4.8 The Contractor shall be a liaison with DPSCS on behalf of the community participants.

2.4.9 The Contractor shall not serve as an advocate for any individual or inmate.

2.4.10 The Contractor shall not engage in coercion of any kind with the inmates or community participants who participate in mediation services.

2.4.11 The Contractor shall require community participants to sign an acknowledgement form confirming there are no legal restrictions prohibiting any contact between them and the inmate.

2.4.12 For mediations that involve home plan arrangements, the Contractor shall ensure the community participants sign a statement affirming there are no legal restrictions prohibiting contact between the inmate and anyone who lives within the home.

2.4.13 The Contractor will not initiate mediation with an inmate and any person under the age of 18 years of age.

2.4.14 The Contractor shall not affix any restrictive markings upon any data, documentation or any materials provided to the State. If any such markings are affixed, the State reserves the right to modify, remove, obliterate or ignore such warnings.

2.4.15 DPSCS Responsibilities

A. DPSCS shall assign the Director of Re-entry and Transition Services, or designee, as the contact person at DPSCS as the Contract Monitor to administer and coordinate issues or concerns arising from this Contract.

B. DPSCS shall identify inmates within 12 months of their release date who meet the eligibility to attend mediation services orientation as defined in the Program Eligibility §2.3.

C. DPSCS shall ensure there is a suitable location within the facility for mediation sessions, to conduct orientation for mediation services, and to conduct confidential individual intake interviews.

D. DPSCS shall provide a suitable location to conduct mediation sessions to protect the confidentiality and privacy of the mediation process. Mediation sessions will be conducted with the door closed and without the presence of facility staff in the room. The room shall have a window for observation of facility staff without sound recordings of the conversation.

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E. DPSCS shall conduct a complete review of the inmate’s records for the following:

1) Conduct a full record check and base file review for restraining orders which prohibit contact with community participants or anyone who lives in the residence of a potential home plan address.

2) Review Offender Case Management System (OCMS) and other available Criminal Justice

Information Systems for victim notification requirements/requests.

3) DPSCS shall not disclose to the Contractor the victim notification outcome; however, it will advise the Contractor that participation in mediation services is not approved with the community participant.

4) DPSCS shall confirm the community participant is not a registered victim and there are no restraining orders or legal restrictions prohibiting contact between the inmate or anyone who lives in the home of the community participant.

5) DPSCS shall ensure reasonable flexible scheduling for mediation sessions to include weekends and evenings.

6) If a community participant is on the inmate’s visiting list and is actively visiting the inmate, mediation sessions will require approval by the Warden, DPSCS Program Director or designee with documented justification that mediation is directly related to transition planning and reentry.

7) DPSCS reserves the right to disapprove mediation services.

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3 General Contractor Requirements

3.1 Contract Initiation Requirements

3.1.1 Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the

Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution. Due to the

COVID-19 pandemic, this meeting may be conducted by videoconference.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 30 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

Provide additional services and support as requested to successfully complete the transition;

Maintain the services called for by the Contract at the required level of proficiency;

Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

A. The Contractor shall provide a draft Transition-Out Plan 60 calendar days in advance of Contract end date. The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the Department and the Contract Monitor;

3) Security and system access review and closeout;

4) Any final training/orientation of Department staff;

5) Knowledge transfer, to include:

i) A working knowledge of the current system environments;

ii) Review with the Department the procedures and practices that support the business process and current system environments;

6) Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

3.2.5 The Contractor shall ensure all documentation and data including, but not limited to, System

Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

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3.2.6 The Contractor shall provide copies of any current daily and weekly back-ups to the Department or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

3.2.7 Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.2.8 Return and Maintenance of State Data

A. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all

State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts.

B. During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

C. In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

A. The Contractor shall e-mail the original signed authorized invoice to the Contract Monitor and Marsha

Briley at e-mail address: marsha.briley@maryland.gov

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

a. Contractor name and address;

b. Remittance address;

c. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

d. Invoice period (i.e. time period during which services covered by invoice were performed);

e. Invoice date;

f. Invoice number;

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g. State assigned Contract number;

h. State assigned (Blanket) Purchase Order number(s);

i. Goods or services provided with receipts for authorized items eligible for reimbursement;

j. Specified hours spent providing services to be itemized utilized to prepare reports coordinating and scheduling services.

k. Amount due; and

l. Any additional documentation required by regulation or the Contract.

D. The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the

Contract or otherwise breaches the terms and conditions of the Contract until such time as the

Contractor brings itself into full compliance with the Contract.

E. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

F. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

G. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

a) The Contractor shall submit invoices not later than the 30th day of the month following the month in which services were provided to the Department.

3.4 Travel Reimbursement

Travel will be reimbursed only for vehicle mileage in accordance with COMAR 21.09.01.18, the State Standard

Travel Regulations, and at the state’s current rate which is subject to change. The current mile reimbursement rate can be found at the Maryland Department of Budget and Management:

https://dbm.maryland.gov/Pages/FleetManagementServices.aspx

Meals and other expenses shall be not reimbursable. No other direct expenses are allowed. The Contractor may not bill for travel time or any other transportation costs.

3.5 Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS IFB.

https://dbm.maryland.gov/Pages/FleetManagementServices.aspx

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3.6 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.6.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and

$3,000,000 annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of

Maryland and the Department should be added as a “loss payee.”

D. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the

Federal Employers’ Liability Act, to not be less than, one million dollars ($1,000,000) per occurrence

(unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

E. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or

Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

3.6.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the

Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The

Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least

15 days prior to the expiration of the insurance policy then in effect.

3.6.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.6.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually or as otherwise directed by the Contract Monitor.

3.6.6 The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

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3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

A. Contractor Personnel shall display their company ID badge in a visible location at all times while on

State premises. Upon request of authorized State personnel, Contractor Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

C. Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion that Contractor Personnel has not adhered to the Security requirements specified herein.

3.7.2 Security Clearance / Criminal Background Check

A. A criminal background check for any Contractor Personnel providing on-site services shall be completed prior to each Contractor Personnel providing any services under the Contract.

B. The Contractor shall obtain from each individual required to obtain a criminal background check a statement permitting a criminal background check. The Department will obtain a criminal background check for each individual using a source of its choosing.

C. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor

Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

D. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor (for Maryland convictions only) and the State for the National record check for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

E. The Department will conduct a criminal history check on all prospective On-site employees of the

Contractor and subcontractors. To facilitate this process, the Contractor shall obtain and retain documentation regarding their employment screening of all potential employees, including those of

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1) The employee’s social security number, date of birth, and any other data which the

Department requires to conduct a criminal history check.

2) All medical information required for employees that meet minimal standards of health such as tuberculosis (TB) and Hepatitis B screening. It is the Contractor’s responsibility to ensure all necessary vaccination or re-vaccination such as tri-step

Hepatitis B prior to hiring the employee.

3) Any screening deemed necessary to assure safety and for the prevention of disease or for cause that relates to drug and alcohol tests in accordance with Department policies.

3.7.3 On-Site Security Requirement(s)

A. For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

B. Contractor Personnel may be subject to random security checks when entering and leaving

State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

C. Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

D. Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department.

E. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-

410 through 9-417 and such other security policies of the agency that controls the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.7.4 Contractor staff are generally required to attend 40 hours of security training provided by the

Maryland Police and Correctional Training Commissions (PCTC) located in Sykesville, MD prior to the commencement of services required by the Contract. Due to the current COVID-19 pandemic, this training is being provided online and is 24 hours in duration. When the 40 hour in-person training is resumed, the online training will be discontinued, and subsequently hired

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Contractor staff will be required to attend the 40 hour in-person training. The Contractor may bill for up to 10 employees throughout the term of the contract at the hourly training rate, but cannot exceed a maximum of 400 hours. Note: If a Contractor’s employee fails to the complete the training, the Department will still consider this employee as part of the maximum 10 employees allowed and will pay the Contractor only for those hours actually attended by the employee, but will not be responsible for any employee not completing the training.

3.7.5 Information Technology

A. Contractors shall comply with and adhere to the State IT Security Policy and Standards.

These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

B. The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor-owned equipment to a State LAN/WAN.

C. The Contractor shall:

1) Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5);

2) Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the

Contract; and

3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information

Systems and Information Technology and (ii) comply with and adhere to the State IT

Security Policy and Standards as each may be amended or revised from time to time.

Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

3.7.6 Security Incident Response

A. The Contractor shall notify the Department in accordance with Section 3.7.6 A-D when any

Contractor system that may access, process, or store State data or State systems experiences a

Security Incident or a Data Breach as follows:

1) Notify the Department within twenty-four (24) hours of the discovery of a Security Incident by providing notice via written or electronic correspondence to the Contract Monitor, Department chief information officer and Department chief information security officer;

2) Notify the Department within two (2) hours if there is a threat to Contractor’s solution as it pertains to the use, disclosure, and security of State data; and http://www.doit.maryland.gov/

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3) Provide written notice to the Department within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the

State (or Department) requests concerning such unauthorized use or disclosure.

B. Contractor’s notice shall identify:

1) The nature of the unauthorized use or disclosure;

2) The State data used or disclosed,

3) Who made the unauthorized use or received the unauthorized disclosure;

4) What the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

5) What corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

6) The Contractor shall provide such other information, including a written report, as reasonably requested by the State.

C. The Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the Contract. Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract.

D. The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of State data or other event requiring notification, and, where notification is required, assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless the State (or Department) and its officials and employees from and against any claims, damages, and actions related to the event requiring notification.

3.8 Problem Escalation Procedure

3.8.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

3.8.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

D. The process for establishing the existence of a problem;

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E. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

F. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

G. Expedited escalation procedures and any circumstances that would trigger expediting them;

H. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

I. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

J. A process for updating and notifying the Contract Monitor of any changes to the PEP.

3.8.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.9 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.10 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.12 Additional Clauses

3.12.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

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4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key

Information Summary Sheet.

4.1.2 Participation in the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

4.1.3 MBE subcontractors are encouraged to participate in the Conference to market their participation to potential prime contractors.

4.1.4 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

The Pre-bid Conference will be conducted via video conference/ telephone conference. The following video link and telephone conference dial-in code is to be used to participant in the Pre

Bid Conference:

meet.google.com/pbn-ndky-uok

5488-560-(US) +1 651 PIN: 133 115 991#

4.1.5

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, Conference summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://procurement.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (BPM019497 - Mediation Services), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.3.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments, and posted on eMMA.

4.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Department unless it issues an amendment in writing.

https://meet.google.com/pbn-ndky-uok?authuser=0&hs=122 tel:+1-651-560-5488 https://procurement.maryland.gov/

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4.4 Procurement Method

Contract(s) will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the form set forth in Section 5 Bid Format, must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement

Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 The date and time of an eMMA submission is determined by the date and time of arrival in eMMA as indicated on the Key Information Summary Sheet.

4.5.5 Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

4.5.6 Bids may not be submitted by e-mail or facsimile. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

4.5.7…